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October 16, 2025
US Trustee Pushes For Examiner In First Brands' Ch. 11
The Office of the U.S. Trustee has urged the swift appointment of an examiner to probe car parts group First Brands' Texas bankruptcy, echoing a creditor's call for an independent investigation into over $2 billion in unaccounted funds.
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October 16, 2025
Tech Co. Gets Ex-Employee's Bias Suit Shipped To Texas
An information technology services company must face a Black former employee's lawsuit claiming she was fired for complaining about a supervisor's racist remarks, an Illinois federal judge ruled, but said the case should be sent to Texas based on the worker's employment agreement.
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October 15, 2025
Ex-Angels Exec Denies Knowing 'Erratic' Staffer Sold Drugs
A former executive with the Los Angeles Angels denied on the witness stand Wednesday in a lawsuit over star pitcher Tyler Skaggs' overdose death that he was aware the team's then-communications director was selling drugs to players or had an illegal drug problem, but did say he displayed "erratic" behavior.
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October 15, 2025
5th Circ. Upholds Bargaining Order Against Nexstar
A Fifth Circuit panel affirmed a bargaining order issued by the National Labor Relations Board against Nexstar on Wednesday, rejecting the media company's attempt to shed an obligation to negotiate with a newly installed Communications Workers of America affiliate at two of its Denver television stations.
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October 15, 2025
Texas Panel Asks Why $12M Verdict Higher Than Project Cost
A Texas appeals panel pushed a developer to justify a roughly $12 million verdict against a construction company given the developer paid around that amount to build the apartment at the center of the suit, asking Wednesday why the developer was entitled to that sum.
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October 15, 2025
Texas Appeals Court Pushes Cigna On Payments To Hospitals
A Texas appeals court seemed skeptical of Cigna Healthcare of Texas Inc.'s claim that once a patient gets hospitalized, any subsequent treatment should be classified as emergency care, asking Wednesday why Cigna should get to escape a lawsuit claiming it underpaid multiple hospitals.
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October 15, 2025
Del. Justices Ask How Court Can Uphold Musk Pay Unwinding
A Delaware Supreme Court justice on Wednesday pressed a Tesla Inc. stockholder class attorney on how founder Elon Musk — facing a Court of Chancery strike-down of his $56 billion, multiyear compensation plan — can be "put back to the status quo ante after six years of achieving what he was asked to achieve."
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October 15, 2025
Sabre Says British Airways Must Reimburse For UK Digital Tax
Flight booking giant Sabre sued British Airways over a digital tax bill it says it was required to pay the U.K. on the airline's behalf, claiming the airline was contractually obligated to reimburse Sabre for the expense but has refused.
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October 15, 2025
5th Circ. Says Union Can't Take SpaceX Case To Justices
The U.S. Supreme Court appears unlikely to get a chance to review a Fifth Circuit decision involving SpaceX that entitles the National Labor Relations Board's targets to enjoin the cases against them after the circuit court denied a union's bid to intervene to appeal the August ruling.
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October 15, 2025
Ex-Jail Officer's $1M Bias Award Miscalculated, 5th Circ. Says
A former Texas correctional officer's $1 million jury award was miscalculated for her lawsuit alleging she was terminated for taking leave because of her diabetes, hypertension and back pain, a split Fifth Circuit panel found, scrapping the award because jurors wrongly included potential future retirement benefits.
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October 15, 2025
Dorsey & Whitney Adds K&L Gates Restructuring Pro In Dallas
Dorsey & Whitney LLP has strengthened its finance and restructuring practice with a Dallas-based partner who came aboard from K&L Gates LLP.
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October 14, 2025
LA Angels Go To Trial Over Pitcher Skaggs' Fatal Overdose
The Los Angeles Angels contributed to the 2019 drug overdose death of star pitcher Tyler Skaggs by failing to stop their communications director from selling drugs to players, counsel for Skaggs' family told a California jury Tuesday during opening statements in its wrongful death suit.
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October 14, 2025
Providers Bring No Surprises Act Fight To High Court
Two air ambulance providers asked the U.S. Supreme Court to allow them to use the courts to collect on out-of-network billing dispute resolution awards granted under the No Surprises Act, saying that without judicial review, insurers can just skip out on NSA bills to providers.
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October 14, 2025
Whirlpool Says Samsung Infringed Dishwasher Rack Patent
Whirlpool Corp. has hit competitor Samsung Electronics Co. Ltd. with a patent infringement suit in Texas federal court, alleging Samsung infringed its patented "enhanced top rack" dishwasher technology, which includes separate third racks with dedicated sprayers at the top of its dishwashers.
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October 14, 2025
Squires Calls For 2nd Look At PTAB Wins By Visa
U.S. Patent and Trademark Office Director John Squires has ordered Patent Trial and Appeal Board officials to review final decisions largely backing Visa Inc. in challenges to three credential verification patents, after patent owner Cortex MCP Inc. argued the holdings were flawed.
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October 14, 2025
J&J Talc Unit Objects To Brown Rudnick's 'Unnecessary' Fees
Johnson & Johnson talc spinoff Red River Talc has again urged a Texas bankruptcy judge to reject Brown Rudnick LLP's $4.3 million fee request for representing the talc claimants committee in Chapter 11 proceedings, arguing that the firm's retention was never approved and its services "were unnecessary, inappropriate and duplicative."
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October 14, 2025
PTAB Discretionary Denials, Reexam Bids Way Up: Report
The number of Patent Trial and Appeal Board petitions that were denied for discretionary reasons reached a record level in the third quarter of 2025 — more than 200% higher than in all of last year — and patent reexamination requests also spiked, according to a new report from Unified Patents.
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October 14, 2025
Texans Say Drinking Water Tainted With PFAS From Military Base
Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death.
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October 14, 2025
Humana's 2025 Medicare Ratings Sound, Judge Says
A Texas federal judge on Tuesday upheld the Centers for Medicare & Medicaid Services' 2025 star ratings for some of Humana Inc.'s Medicare Advantage plans, saying the agency had the right to hand down a poor rating to the insurer.
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October 14, 2025
BP Urges 5th Circ. To Overturn Retirees' Pension Suit Win
BP urged the Fifth Circuit to overturn a Texas court's ruling that found the oil giant liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, arguing the lower court judge erred in certifying a retiree class and handing the class judgment.
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October 14, 2025
Tether Accused Of Wrongly Freezing $45M In Cryptocurrency
Stablecoin issuer Tether faces a lawsuit from a business claiming that Tether improperly froze cryptocurrency worth about $44.72 million at the behest of a local police department in Bulgaria, departing from proper procedures for an asset freeze.
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October 14, 2025
High Court Seeks US Input On Highland Capital Ch. 11 Appeal
The U.S. Supreme Court on Tuesday invited the federal government to weigh in on a gatekeeping mechanism meant to shield restructuring professionals from frivolous litigation in the Texas bankruptcy of defunct hedge fund Highland Capital Management.
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October 14, 2025
High Court Won't Hear Alex Jones' $1.4B Sandy Hook Appeal
The U.S. Supreme Court on Tuesday declined to hear the appeal of right wing conspiracy theorist Alex Jones in connection with a $1.4 billion defamation judgment granted by a Connecticut state court in favor of family members of Sandy Hook school shooting victims.
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October 10, 2025
Real Estate Recap: Data Diligence, REIT Reinvention, Q3 Deals
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney tips for data center approvals, one Big Law partner's perspective on the reinvention of real estate investment trusts, and the third quarter's 10 largest global real estate mergers and acquisitions.
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October 10, 2025
5th Circ.'s FDIC Ruling 'Cries Out' For Review, Ex-CEO Says
A former Texas bank CEO has asked the full Fifth Circuit to revive his constitutional challenge to the Federal Deposit Insurance Corp.'s in-house enforcement process, arguing that a recent panel decision to reject his case as premature "cries out" for review.
Expert Analysis
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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How The FTC Is Stepping Up Subscription Enforcement
Despite the demise of the Federal Trade Commission's click-to-cancel rule in July, the commission has not only maintained its regulatory momentum, but also set new compliance benchmarks through recent high-profile settlements with Match.com, Chegg and Amazon, say attorneys at Holland & Knight.
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Bid Protest Spotlight: Documentation, Overrides, Eligibility
Recent decisions by the U.S. Court of Federal Claims and the U.S. Government Accountability Office illustrate the importance of contemporaneous documentation in proposal evaluations, the standards for an agency’s override of a Competition in Contracting Act stay, and the regulatory requirements for small business joint ventures, says Cody Fisher at MoFo.
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ConvergeOne Ruling May Disrupt Backstop Fee Approach
A Texas federal court's recent ruling in ConvergeOne has the potential to seriously disrupt previously accepted market practice when it comes to sourcing new capital for a restructuring, while offering a nebulous market test for a new approach, say attorneys at Ropes & Gray.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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DOJ Chemical Seizure Shows Broad Civil Forfeiture Authority
The U.S. Department of Justice’s recent seizure of meth precursor chemicals en route from China to Mexico illustrates the U.S. government's powerful jurisdictional reach to seek forfeiture of cartel-related assets, and company compliance programs must take note, say attorneys at White & Case.
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Unleashing LNG And Oil Exports With The Deepwater Port Act
The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework — the Deepwater Port Act — to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.
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High Court Right-To-Counsel Case Could Have Seismic Impact
The U.S. Supreme Court will hear arguments next week in Villarreal v. Texas about whether prohibiting testimony discussions between defendants and their counsel during an overnight recess violates the Sixth Amendment, and the eventual decision could impose a barrier in the attorney-client relationship, say attorneys at Arnold & Porter.
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Gauging SEC Short-Sale Rules' Future After 5th Circ. Remand
Though the Fifth Circuit recently remanded to the U.S. Securities and Exchange Commission two Biden-era rules requiring disclosure of securities lending and short-sale activity in order to consider the rules' cumulative economic impact, it's possible they will get reproposed, meaning compliance timelines could change, says Scott Budlong at Barnes & Thornburg.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.